City of Gary, South Dakota
Regular Council Meeting –
Monday, November5, 2012 at 7:30 p.m. at GaryCity Hall
The Gary City Council met in a regular session on Monday, November5, 2012, at 7:30 p.m. in the City Hall.
Aldermen Albert Bekaert, Mary Peterson, John Jenson, Bob Engeseth, Clark Dessler, and Darwyn Engesser were present. Mayor Jeff Engesser presided. Present also were Tom Gorder, George Holborn,Mike Nosbush, and Shirley Pederson.
Motion by Darwyn Engesser,second by Dessler to approve the agenda with the addition of a citizen complaint regarding an unlicensed car sitting in alley. All members voted aye, motion carried.
Motion by Bekaert, second by Darwyn Engesserto approve the minutes of the October1, 2012regular meeting.
All members voted aye, motion carried.
GENERAL-OCTOBER2012 BILLS
Finance Office-2,819.25;Librarian-460.80;Streets/Parks-3,156.50;Rubble-Site-124.20; AFLAC-Premium-228.66;Bjerke Sanitation-garbage collection-1,865.28;Brookings-Deuel Rural Water-583,000 gallons-1,243.55;Clear Lake Courier-proceedings,notices-108.35;Computer Innovations-virus cleanup/wireless router-105.00;Deuel Co. Auditor-Law enforcement- 831.60;EFTPS/FWT 941 Tax-FWT Bar-414.02,City-397.83=811.85;EFTPS/OASI/SS/MT-OASI-Bar-838.43,City-864.54=1,702.97; Gary Post Office-stamps-32.00;Gate City Store-supplies-124.86;HD Electric-Cemetery electricity-21.00;ITC-phone,internet,fax,alarm loop-71.79, Library- DSL,Static IP-51.38;Grabow Construction-lagoon clean-up-1,836.00;Krista Frensko-water deposit refund-80.00;Macksteel Warehouse, Inc.-steel for grate-24.09;Menards-light bulb-16.98;MikeNosbush-cell phone reimbursement-25.00;MN Child Support Pymt Ctr-garnishment-423.72;Ottertail Power Co.-Electricity-628.54;SD Dept of Health-coliform test-13.00;South Dakota Magazine/library-2 yr. renewal-39.00;SD One Call-Sept. message fee 2 @ 1.05-2.10;SD Retirement-Bar-525.64,City-709.60=1,235.24;SD Dept of Rev & Reg-garbage/landfill tax-174.51;Star Laundry-Uniforms-93.30; Steele’s Service-fuel/repairs-3,787.18; Wellmark BCBS-Insurance-4,656.56.
LIQUOR-OCTOBER 2012 BILLS
Municipal Liquor-6,470.79;AFLAC-Premium-336.75;Chesterman-Pop-506.00;City of Gary-water,sewer,garbage-134.90;City of Gary-2013 liquor license renewal-600.00;Culligan-service from 10/3/12 to 11/28/12-46.25;Dakota Entertainment-10/27/12 DJ-375.00;Eachen-ice machine & cooler repair-337.33;Ellwein Bros.-Beer-8,997.45;Firehouse Pizza-pizza-348.00;Gate City Store-supplies/food-69.02;Harry’s Frozen Foods-pizza-414.30;Henry’s Foods-Cigarettes, food, supplies-2,289.91;ITC-Phone,DSL,TV-181.21;Johnson Bros.-Liquor,wine, wine coolers-1,900.26;Menards- trim/paint-77.44;Office Peeps-supplies-2.94;Old Dutch Foods-Chips-67.20;Ottertail-Electricity-583.80;Outlaw Entertainment-10/6/12 DJ-300.00;Pepsi Cola-Pop-151.81;Porter Dist. Co.-Beer, wine coolers-1,618.05;Republic National Dist.-Liquor, wine/wine coolers-2,816.16;Rock N Roll Farmer-10/20/12 DJ-350.00;SD Dept of Revenue-liquor tax-1,990.25;Southwest Wholesale-food,supplies-374.64;Star Laundry-towels, rugs-84.01;SuperStar Karaoke-10/13/12 DJ-350.00;Technicolor Screen Printing-shirts,hoodies,caps,beanies-1,578.22.
Motion by Darwyn Engesser, second by Jenson to approve the verified claims and issue warrants in payment thereof. All members voted aye, motion carried.
Motion by Engeseth, second by Jenson to adjourn as City Council and re-convene as Board of Adjustment. All members voted aye, motion carried.
Public Hearing was held on a petition to vacate that portion of Herrick Street with width of eighty feet wide from east-west alley south to 1st Avenue of block 3 or the original plot of the City of Gary and outlot 1 inclusive to the Town of Gary, Deuel County, South Dakota. There being no one present to contest, Board recommended approval.
Motion by Bekaert, second by Darwyn Engesser to adopt the following resolution 2012-03:
RESOLUTION 2012-03
A RESOLUTION VACATING THAT PORTION OF HERRICK STREET WITH WIDTH OF EIGHTY FEET WIDE FROM EAST-WEST ALLEY SOUTH TO 1ST AVENUE OF BLOCK 3 OF THE ORIGINAL PLOT OF THE CITY OF GARY AND OUTLOT 1 INCLUSIVE TO THE TOWN OF GARY, DEUEL COUNTY, SOUTH DAKOTA”, ACCORDING TO THE RECORDED PLAT THEREOF.
WHEREAS, the City of Gary has been petitioned by landowners of all abutting property upon both sides to that portion of Herrick Street to vacate said street as set forth in SDCL 9-45-7 and SDCL 9-45-10, and has been verified by such owner/owners, and
WHEREAS, notice of public hearing has been published once each week for two successive weeks, and such hearing took place not less than ten days from the last publication of such notice, and
WHEREAS, said portion of Herrick Street does not lead anywhere, is not maintained by the City, and said section of street has never been road graded and is currently dissected by the Gary Creek during twenty years next preceding the time of the meeting and since the recording of the plat thereof (SDCL 9-45-7 & SDCL 9-45-10).
NOW THEREFORE, BE IT RESOLVED BYthe governing body of the City of Gary, South Dakota that the above stated portion of Herrick Street be declared vacated, and
BE IT FURTHER RESOLVED that the vacated street shall be divided between the abutting landowners of record, each receiving a parcel forty feet wide and the length running directly adjacent to and abutting their property.
Dated this 5th day of November, 2012
ATTEST:
Jeff Engesser, MayorShirley Pederson, Finance Officer
Passed and adopted this 5th day of November, 2012. All members voted aye, motion carried.
Motion by Dessler, second by Peterson to adjourn as Board of Adjustment and re-convene as Planning and Zoning Commission. All members voted aye, motion carried.
Motion by Dessler, second by Engeseth to recommend approval of the following resolution 2012-04 to the City Council:
CITY COUNCIL OF GARY
RESOLUTION 2012-04
CITY PLAN COMMISSION RECOMMENDATION
This plat entitled: “Gorder Addition to the City of Gary, in the County of Deuel, South Dakota”; which is a replat of & vacates the remaining portion of Lot 9 Block 10 of the plat entitled: “Third Railroad Addition (Being Blocks 9 to 12 Inclusive) to the Town of Gary” and vacates a portion of Block 2 of the plat entitled: “Blocks 1 & 2 Sexauer Railroad Addition”; has been duly examined and it appears that said plat is in all respects lawful and proper and entitled for approval. The City Plan Commission hereby recommends the approval of said plat on this 5th day of November, 1012 A.D. The foregoing resolution was duly passed and adopted.
Dated at Gary, South Dakota this 5th day of November, 2012 A. D.
Chairman – Gary City Plan Commission
ATTEST:
City of Gary, SD, Finance Officer
All members voted aye, motion carried.
First reading of Ordinance #336-13, an ordinance to amend Section 2.09 adopted by Ordinance #336, September 18, 2007, to rezone “Gorder Addition” a replat of and vacates the remaining portion of Lot 9 Block 10 of the Plat entitled: “Third Railroad Addition (Being Blocks 9 to 12 inclusive) to the Town of Gary” Recorded in Book “U” of Plats Page 564 and vacates a portion of Block 2 of the Plat entitled: “Blocks 1 & 2 Sexauer Railroad Addition” Recorded in Plat Packet 147B, County of Deuel, State of South Dakota to “R1 General Residential District from “I” Industrial District was held. The second reading of Ordinance #336-13 will be held at the regular December Council Meeting on December 3, 2012 at 7:30 p.m.
Motion by Darwyn Engesser, second by Dessler to adjourn as Planning and Zoning Commission and re-convene as City Council. All members voted aye, motion carried.
Motion by Dessler, second by Jenson to pass and adopt the following resolution 2012-05:
CITY COUNCIL OF GARY
RESOLUTION 2012-05
BE IT RESOLVED by the City Council of the City of Gary, South Dakota, having examined this plat and having received a recommendation from the City Plan Commission, does hereby approve the plat entitled: “Gorder Addition to the City of Gary, in the County of Deuel, South Dakota”, which is a replat of & vacates the remaining portion of Lot 9 Block 10 of the plat entitled: “Third Railroad Addition (Being Blocks 9 to 12 Inclusive) to the Town of Gary” and vacates a portion of Block 2 of the plat entitled: “Blocks 1 & 2 Sexauer Railroad Addition”. The foregoing resolution was duly passed and adopted.
Dated at Gary, South Dakota this 5th day of November, 2012 A. D.
Jeff Engesser, Mayor - City of Gary
ATTEST:
City of Gary, SD, Finance Officer
All members voted aye, motion carried.
Motion by Darwyn Engesser, second by Peterson to leave the operating agreements for the 2013 liquor license renewals for Buffalo Ridge Resort at $1,000.00 and the 109 Club at $250.00, same as 2012. All members voted aye, motion carried.
Motion by Darwyn Engesser, second by Bekaert to renew 2013 liquor licenses for Buffalo Ridge Resort, 109 Club, and Gary Municipal Liquor Store. All members voted aye, motion carried.
Motion by Darwyn Engesser, second by Jenson to provide free T-shirts for the members of the dart leagues throwing for the Gary Municipal Liquor Store. All members voted aye, motion carried.
Citizen formal complaint was received regarding juvenile shooting pellet or BB gun at birds. A letter along with a copy of the written complaint and a copy of the ordinance will be sent to the offender. Council member in appropriate Ward spoke with the individual responsible for the unlicensed car parked in alley.
Building permits were issued in November to Tom Gorder for a 56 x 28 4-stall garage, Amy Nickel for wooden steps with ramp, Mike Hinsvark for moving a 10 x 20 utility shed in, and Mike Nosbush for a 40 x 60 garage.
Other discussion: send letter to individual parking on sidewalk, decided not to purchase Big 10 Channel for Municipal Liquor Store, will need to transfer funds from contingency to Fire Department Fund.
The next regular council meeting will be Monday, December3, 2012, at 7:30 p.m. at the Gary City Hall.
Motion by Engeseth, second by Peterson to adjourn. All members voted aye, motion carried.
City Council, City of Gary
Shirley Pederson, Finance Officer
Published November14, 2012
Published once at the total approximate cost of $